Does a court-appointed GAL in a trust matter owe fiduciary duties to the parties to the trust relationship who have yet to come into existence, e.g., the settlor’s future great grandchildren (hereinafter the “non-existent beneficiaries”)? A sine qua non of a fiduciary relationship is accountability. Can there ever be accountability on the part of a GAL when it comes to defending via advocacy the current contingent equitable property rights of non-existent beneficiaries when the court ignores or abets the GAL’s nonfeasance or malfeasance?
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